Questions Answered by Richard Sternberg
Q: Can a homeowner still sell the home that is in foreclosure and pay off the loan to the bank before the bank sells ?
The mortgage bank (Wells Fargo)will not allow any modified (smaller) payments, will not work out any forbearance plan until the total amount past due is paid first. The home just went into foreclosure. As homeowners can we still put the house for sale and pay off the bank loan before the house is... Read more »
You need to get it sold before the foreclosure sale, and a lawyer can often get the bank to wait for a sale. If the mortgage is greater than the sale price, it is called a short sale, and that is also possible. You need to move on it responsibly now, but you do not need bank consent unless they... Read more »
Q: I have 2 text messages from my deceased spouse saying I can have the house, Can I submit this to the court.
He died without a will and now I need to pay his adult children he had before we married, becasue oft he value of the home. My name is not on the deed. I am in Maryland
You should sit down with a lawyer to review the estate and your rights. While a text is not a Will, and it will not be binding, you have certain rights as the spouse.
Q: Follow up, if there report is NOT, furnished, what recourse does the renter have for getting back security deposit, an
It depends on your county and city. Some have landlord & tenant enforcement offices. In others, you'll need to sue for return of the deposit, probably in General District Court as a small claim.
Q: Can an HOA Board ask its members to vote to kick seven properties in a section of the development out of the HOA?
The seven properties are geographically separate from the main part of the community. The Board to seeks to have them removed from the HOA, eliminating their responsibilities to the HOA (i.e., dues, covenants, by-laws, etc.), as well as the HOA responsibilities to them. Is this legal? What are... Read more »
The only competent basis for reviewing that and getting to an answer is reviewing the bylaws of the HOA and the covenants on the properties. Generally, within the constraints of the bylaws, covenants, and state law, an HOA can alter the terms of the contract with the vote of the board or the... Read more »
Q: My husband was left his cousin's house in her will. Only heir.
She died very unexpectedly so after settling the estate in VA, my husband came to a gentleman's agreement to allow her second husband to live in the home and pay the taxes. It's been two years though and we feel we need to take possession of the home. We're afraid we've let too long lapse and it... Read more »
You need a landlord and tenant or a real estate lawyer, and then you need to give proper notice to quit. If he doesn’t quit, the lawyer can take it from there. If your “lease” is enforceable because something is in writing, and you gave tenancy for the term of the tax payments, you may be... Read more »
Q: VIRGINIA. Son dies intestate. No administrator declared. Mom heir of succession. She dies in July with Will. Now what
My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets... Read more »
In Virginia, real estate passes automatically subject to the filing of an estate or a Will. If there are debts or other assets, Unless you are named in the mother’s will or are owed some debt, you seem to have very little interest in this matter.
Q: In Cecil Cty, MD, am I able to file a contribution claim against my ex-husband regarding a home deficiency that I paid?
My ex-husband and I owned a house in Cecil County, MD, which eventually foreclosed due to him leaving the residence leaving me unable to pay the mortgage on my own. About 5 yrs ago a deficiency judgement was entered against both of us, but I wound up paying it solely on my own. I'd like to go... Read more »
I suspect you have a statute of limitations problem, but you may want to review the facts with a lawyer in a sit-down consult. There may be an applicable exception.
Q: My mom and stepdad were never married but purchased a home in both names with rights to survivors , mom dies, he never
Goes through probate so both names are still on deed. He’s getting remarried, the house was always to go to us kids if something happens to him. Is this new marriage going to change this?
It would be wise to have counsel review the deed and run a title search, because laypeople often are mistaken in their understanding of joint tenancy with rights of survivorship (JTWROS). But, if the property was truly JTWROS, it passed outside of probate to your mother's significant other (who is... Read more »
Q: What if a person doesn’t go through probate, does the property go to the decendents
A "person" doesn't go through probate, because the person is dead. An estate goes through probate. If the estate doesn't go through probate, then property doesn't change title unless the title passes outside of probate, such as a joint tenancy with rights of survivorship, a life insurance policy, a... Read more »
Q: Our mother died recently and some of her estate is in probate and they asked us if any of us have declared bankruptcy.
Bankruptcy Record
Filed for Bankruptcy in Il: Reorganization (#1203036) Jan. 30, 2012
Bankruptcy Record
Filed for Bankruptcy in Ny: Liquidation (#0368257) Dec. 8, 2003
How do we find out if there are still creditors looking for payment? We are just interested, I... Read more »
I don’t understand what you are asking. First off, I don’t understand how “part” of an estate is in probate. All probate assets should be identified in the Inventory. If some of your inheritance is outside of probate in life insurance, funds naming a beneficiary, or joint titles with rights... Read more »
Q: My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years.
My mother-in-law is on the deed of the house she owns with her ex-husband. But she hasn't lived there in 20 years. Is she entitled to any proceeds from sale? He doesn't want to sell and has made her a super low ball cash offer to get her off of the deed. What are her rights? Can the court force a... Read more »
Your mother-in-law needs to speak with a lawyer before making any deals. Where she resided for the past 20 years has no bearing on title to the house. If title was not resolved at the time of the divorce and the house was owned by the marriage, she probably owns half of it. Her ex can claim her... Read more »
Q: Current tenant of home that is for sale. Surveillance video was recorded of real estate agent going through belongings.
I entered into a lease last month for my current home. The home is currently listed for sale. During a showing of the home, surveillance video captured the owner of the real estate company and acting agent, allowing a client to go through my personal belongings. What can be done about the... Read more »
It might be interesting to see the video to determine how egregious the invasion was. The bottom line is that you will almost certainly be limited to the actual damages you experienced due to the trespass to your property. I suspect that would be zero, but an interview might uncover something. If... Read more »
Q: We purchased a 3 bedroom house last April, but just learned it’s only a 2 bedroom septic.
Listing , prior owner agent all day it was 3 bedroom. Depot Heath says 2 bedroom. We bought the house as 1031 commercial with intent to rent. Our income is almost half potential now.
You should probably have the contract, advertisements, disclosures, home inspections, and permits reviewed to determine whether you have a cause of action against the seller or anyone else. It is impossible to form a reliable, professional opinion on your remedies without a competent review,... Read more »
Q: My bf is on probation and trying to move to Florida with my family and I. They denied him
They said his obligations weren’t met even though his job is down there. If him and I married would they make it a mandatory transfer because my family would turn into his family too
It might be a good idea to have him discuss this with his criminal defense lawyer. Either way, the issue will be decided by Probation or by the judge, and a local, informed perspective matters.
Q: Don't agree w/ proposed property distribution of dead parent. What happens if don’t sign Receipt 4 Personal Property?
Estate attorney is pressuring me to sign. Other beneficiary (also the Executor) likes the proposed distribution, so I’m the holdout. Jurisdiction is Fairfax, VA.
I agree with my learned colleague, Mr. Hart, but I think the slant he puts on it is a bit harsh. If you believe the distribution is unfair, why don't you start by buying a consult with a lawyer to review the Will, the Inventory, and the Proposed Distribution. Get an independent view on whether the... Read more »
Q: I paid my rent twice in one month although the second payment came back insufficient funds, but this was back in March
No one from the rent office say anything and continue to take my current rent, then in June , which was 3 months later they tell me that they filed an unlawful detainer because I still owe for March, it’s almost august
I cannot understand from your posting whether the bounced check caused your rent to be unpaid or whether it was an extra payment. In any event, most leases provide for an additional rental fee for bounced checks, and it is not clear from your posting whether that was resolved. If, when all is said... Read more »
Q: Is a mold outbreak in a brand new "redone" basement means to sue in Maryland?
We purchased a home on july 2nd, 2019 closed on the home. The home was "as is" so the home orginally was listed for sale in january of this year it was taken off of the market a month later and apparently a 38,000 insurance claim was made and then the basement had been "redone" they relisted the... Read more »
You need to review the facts with a lawyer, but the law does not prevent someone from selling a home with problems such as mold. By listing a home "as is" and selling it without concealing the facts, a seller can seek a buyer who wishes to undertake a repair project or a renovation. The mistake... Read more »
Q: as tenant is common are closing checks issued seperately for the %
I'm on deed with sister but not on mortgage
She lives in house, I do not. Her % is 75, mine 25%
at closing how ill funds be distributed?
Thank you
Call the settlement office and ask. If you don’t agree with their answer, review it with your lawyer prior to closing.
Q: transferring a deed
I have been paying the taxes on property of deceased uncle and aunt since 2009.
I am the great nephew. All my great uncle brothers and Sisters are decease,
his wife was an only child. They have no children, I have been paying for maintenance since 2004.
I have reach out to... Read more »
You need to consult a lawyer. Paying taxes and maintenance had no relationship to owning title. And, your entitlement to contribution depends on your record keeping and the statute of limitations. With a proper strategy, you might persuade the title owners to give or sell you title.
Q: If you're moving at the end of the Lease, do you have to give two months notice to the Management Office, in Hampton,VA?
The Management office is saying I have to pay 2 months rent plus an additional $300($150 per month) because I didn't notify them 2 months prior that I'm not renewing my lease. HELP!
What does your lease say about it? Have you read it? Did you sign it? Are you in Hampton? Is the lease in Hampton? What's in Hampton?
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